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A different remedy but the same lottery

By: Contributor(s): Language: English Series: Estates Gazette ; (0630) 29 July 2006, 95-96(2)Publication details: 2006Subject(s): Summary: The second of two articles on injunctions. Explains what happens if the court decides that an injunction is not a suitable remedy. Discusses in depth "Lunn Poly Ltd v Liverpool and Lancashire Properties Ltd" ([2006] EWCA Civ 430, L133984) and explains how the surprising judgment came about. Clarifies how damages are assessed on a negotiating basis and lists cases in which damages in lieu have been granted. (See also L134313).

The second of two articles on injunctions. Explains what happens if the court decides that an injunction is not a suitable remedy. Discusses in depth "Lunn Poly Ltd v Liverpool and Lancashire Properties Ltd" ([2006] EWCA Civ 430, L133984) and explains how the surprising judgment came about. Clarifies how damages are assessed on a negotiating basis and lists cases in which damages in lieu have been granted. (See also L134313).